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#562 Sweet Blessings
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Q. What brocho do you make on chocolate covered raisins or almonds? Thank you
A. Mishna Berura (204: 51) rules that on sugar-coated almonds, even when totally covered and when the quantity of sugar surpasses the almond, the brocho is Haetz. That is also the opinion of Shevet Halevy (4: 161, 7: 27), Madrich Brochos (5) and other Poskim.
In the case of chocolate covering, some Poiskim opine that you anyway recite Haetz on chocolate, although most disagree. (Minchas Shlomo 91:2, Shevet Halevy (ibid.) Teshuvos Vehanhogos (1: 187). Today it is customary to recite Shehakol on chocolate.
However, Igros Moshe (3: 31) maintains that on chocolate covered raisins, two brochos should be made.
Horav Shlomo Miller's Shlit"a opinion is that on chocolate covered fruits you follow the main component, if the raisins or other fruit are just a filling and the chocolate covering is thick and surpasses the quantity of fruit you recite Shehakol. If in doubt you also recite Shehakol. (See similar opinions in Devar Yehoshua 2: 115, Ketzad Mevorchim p.22, Share Brocho p. 552 et. al.)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/13/2014 2:29 PM |
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#561 A Mitzvah to Vote?
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Q. B"H. Shalom, Dear Rabbi, Is there a halakhic obligation to vote in the elections for the various levels of government of Canada?
A. It is quite common in times of elections, specially in Israel for the Gedolim or recognized community leaders to voice their Halachic opinion as to the obligation to vote for a certain candidate or party. However, this obligation belongs to the realm of promoting the observance of the mitzvos of the Torah, not as a required mitzvah per se. (Much has been written about the permissibility of joining Israeli elections. See Hilchos Medinah ch. 3, from Horav E. Y. Waldenberg Zt"l, Horav Nissim Karelitz Shlit'a explaining the Chazon Ish position - Vezorach Hashemesh p. 408, Vehoemes Eid Leatzmo 13, et. al.)
In countries where vote is compulsory (and often enforced,) as in most of Latin- America, Australia, Greece etc., voting would be a Halachic obligation based on "Dinah D'malchusah" or the obligation to comply with the law of the land. (Nedorim 28a, Bava Kama 113b etc. Shulchan Aruch C.M. 369: 8).
In Canada, to vote is a right and not obligatory (Section 3 of the Charter of Rights and Freedoms). Yet the Novi Yermiyahu (29: 5-7) encouraged the Babylonian exiles to "Build houses and dwell [therein], and plant gardens and eat their produce. - And seek the peace of the city where I (Hashem) have exiled you and pray for it -, for in its peace you shall have peace." Certainly a successful and truthful democracy is essential for peace.
Horav Shlomo Miller's Shlit"a opinion is that indeed exercising our right to vote is advisable and recommended.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/13/2014 1:57 PM |
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#560 Avoid Better, Night Learning Neder?
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Q. Do you have to make Hatarat Nedarim if you always learned the whole night and this year because of medical advice are not able?
A. Horav Shlomo Miller's Shlit'a opinion is that you do not have to do Hatoras Nedorim, since on onset you did not take on this commitment in situations of duress.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/3/2014 3:48 PM |
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#559 Time to Light Shavuos Night
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Q. Two questions on Shavuot. When do you light candles the first night of Shavuot?
A. Mishna Berura (494: 1) writes that we wait to recite Maariv until nightfall so the forty-nine days of the Sefirah are completed. Although Shloh (beginning of Shavuos tractate,) Mogen Avrohom (ibid.) and others maintain that we are only concerned with making kidush and eating before nightfall and not with reciting Maariv many do wait.
As far as women lighting candles before or after nightfall, there are different traditions. Lehoros Nossan (7: 31) explains that even though women are exempt from the time linked positive commandment of Sefiras Haomer, waiting until nightfall in Shavuos is not a direct result of complying with this mitzvah. Rather it relates to the fact that the date of Shavuos is not mentioned in the Torah but depends on the omer counting, therefore to follow that dictum, we should light candles after completing the count.
Horav Shlomo Miller's Shlit'a opinion is that one should follow his family tradition. When that is not known, he suggests to light early as with all other Yomim Tovim. (He quoted Shulachan Oruch Horav that mentions to have in mind receiving only Tosafos Yom Tov and not the kedusha of Yom Tov Itself)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 6/3/2014 3:48 PM |
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#558 Bar the Shtar
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Q. Could the giving of the kesuva to the kalah be considered as kidushin?
A. Orchois Chaim (beginning of Hilchos Kesuvos) suggests that the giving of the kesuva to the kallah in front of the witnesses constitutes an act of Kidushei Shtar or kidushin done with a document since the kesuva does contain the wording of kidushin. The fact that some Poskim do not require the giving of the kesuva directly to the kallah but consider the acceptance of her relatives as sufficient, would seem to contradict the above (Hanessuin Kehilchoson 11: 223 n.555.)
Horav Shlomo Miller's Shlit'a opinion is that not only is this second act of kidushin unnecessary but also ineffective, since the chosson and the kallah are unaware of it and the kesuva was not written with the intention of kidushin. However, the Mesiras Hakesuvah per se, as part of the Kesuvah ceremony is correct.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:51 AM |
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#557 To Tarry or to Marry?
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Q. (When the ring went missing… see prior question.) Would it not be better for the chosson to take a coin or any other object of his belonging and avoid the wait?
A. The officiating Rabbi may have opted to wait until the ring was brought, presumably since any other object used may not have been truly acceptable to the Kallah. However, Horav Shlomo Miller's Shlit"a opinion is that it is better to explain and convince her to accept now something else of value available and then later receive the ring, rather than wait and create such an extended hefsek (see Rosh Kidushin 1: 20.) He recommended that all Mesadrey Kidushin should inspect the kidushin ring prior to reciting the brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:50 AM |
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#556 The Missing Ring
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Q. I attended a chupah where the chosson thought he had the ring in his pocket but at the crucial moment after the rabbi recited the first brochos, he remembered he left it home and he send urgently someone to fetch it. The rabbi proceeded meantime to read the kesuva and to make time he delivered an impromptu drasha too. Eventually the ring was there and the ceremony came to an end. Was the wait of almost a half an hour a hefsek and required a new brocho?
A. Rishonim disagree on the classification of Birchas Eirusin or the brocho prior to the kidushin realized by the giving of the ring. Rambam (Ishus 3:23) maintains that it is a Birchas Hamitzvos similar to all blessings recited before the performance of any mitzvah (See also Ribosh 98). However the Rosh (Kesuvos 1: 12) regards this as a Birchas Hasvach or a praise and exaltation blessing. He thus explains the changes in the wording between this brocho and a common mitzvah brocho.
Shulchan Aruch (E.H. 34:1) rules to perform the kidushin after reciting the blessing. Bais Shmuel (ad loc. 4) explains that there are Poskim that maintain that the brocho should be recited after the giving of the ring (in case she changes her mind), therefore he rules that on the onset it is better to recite first.
If a hefsek or interruption between the brocho and the kidushin requires repetition of the blessing would depend on whether this is a Birchas Hamitzvos where the rules of hefsek apply or a Birchas Hashvach. When the hefsek is done by the Rabbi or the Kalah, most Poskim maintain that no new brocho is necessary as this is the Choson's mitzvah (Otzar Haposkim 34: 1: 1.) If the Choson interrupted, some rule that the brocho should be repeated (Shaarei Brocho 62: 3).
Horav Shlomo Miller's Shlit'a opinion is that in this particular case no repetition is necessary since the hefsek was done for the benefit of the kidushin and they were constantly engaged in the proceedings with no hesech hadaas.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:49 AM |
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#555 Getting Rid of the Proof
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Q. (Do you have to save articles of Torah…) How about the discarded proof prints from a printing shop?
A. See above question regarding newspapers and magazines. Meshiv Dovor (2: 80) maintains that one could even burn or destroy those proof-prints since they were from the onset printed not for keeping but to be disposed off. Destroying them will prevent their constant desecration while becoming litter on the streets or dumps.
Horav Shlomo Miller Shlit"a advises that if they have Hashem's names or psukim they should preferably be buried. When this is difficult they could be disposed off as with newspapers and magazines, mentioned above.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:47 AM |
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#554 Burn or Bury?
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Q. Does Hashem's name or pesukim printed by non-believing Jews or non-Jews require genizah or can they just be thrown away in the garbage disposal?
A. See prior question in regards to newspapers and magazines.
The Rambam, Yesodei Ha-Torah (6:8) and Shulchan Aruch (Y.D. 281:1) rule that a Sefer Torah written by an apikoros must be burnt since we are sure that it was written with idolatrous intentions. However the Sefer Torah written by a non-Jew should be placed in the g'niza. Noda Beyehuda (Y.D. 2: 182) maintains that when the Gentile writes or prints on behalf of a Jew or when he is not aware or does not understand what he is writing or printing, we do not suspect that his intentions are for idol worship. His acts are considered merely mechanical acts and therefore the printed material can be used. (See Piskey Teshuva Y.D. 281: 1)
Horav Shlomo Miller's Shlit"a opinion is that a secular printed work containing Hashem's name, could have likely been printed by non-Jews therefore it should be treated when possible with respect and placed in the g'niza.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:46 AM |
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#553 How to Write an Invite
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Q. (Do you have to save articles of Torah…) How about wedding and bar mitzvah invitations that have pesukim in them?
A. See prior question. The answer would be similar if they contain psukim. It is interesting to mention that Rav Pealim (Y.D. 4:32) maintains that the invitations should not be printed in regular Ksav Ashuris at all, as it possesses holiness; rather other script such as Rashi or other font variations should be used. However Ksav Sofer (E.H. 22) disagrees and mentions that his father the Chasam Sofer would send invitations in Ksav Ashuris. Be'er Moshe 3:183) explains that the Chasam Sofer had specifically in mind that no kedusha should descend on the writing of the invitations.
It should be mentioned too, that many Poskim advise that Hashem's names, psukim or detailed halachik instructions should not be printed on emblems, flags or badges, tz'daka receipts, labels of produce and wine bottles. (Horav Nissim Karelitz Shlit'a and others quoted in Ginzey Kodesh 9:1 and 12:9)
Horav Shlomo Miller's Shlit"a opinion is that there is room for leniency on psukim written on invitations, since they are included to effect blessings and not for the purpose of Torah learning. This seems to be the accepted custom today.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:44 AM |
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#552 Manichim P'sukim in Blue-Bin for Recycling?
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Q. Do you have to save articles of Torah in newspapers and magazines and discard them as shemos or can you just double wrap them in plastic bags and put them in the recyclables?
A. Rambam (Yesodei HaTorah 6:1) notes "One who erases one of Hashem's holy names transgresses a negative commandment as the verse states regarding idol worship, 'And you shall eradicate their name from that place; you shall not do so to Hashem your G-d.' Tur and Shulchan Aruch (Y.D. 276: 9) rule accordingly. It would seem though that the biblical prohibition applies only to Hashem's names and not to words of Torah which are only rabbinically proscribed (Rambam ibid. 6:8, Chinuch 477 and Tashbatz 1: 2, however Magen Avraham 154: 9 disagrees.) There are also diverging opinions as to the status of holy names and words of Torah that were written or printed without the intention of becoming holy at all or to be only temporarily read and then discarded as newspapers are. Furthermore some Poskim are lenient when the words were printed and not hand written (see Chavas Yoir 164, Chazon Ish 164: 3.) There is an additional leniency regarding newspapers dedicated mainly to non-Torah articles that may not necessarily contain any Torah at all.
When newspapers do include special sections or articles of Torah, Poskim recommend proper g'niza as with common shemos (Horav Eliashiv Zt"l and Ilcht"a Horav Nissim Karelitz Shlit"a quoted in Ginzei Kodesh 14: 3:6). Other Poskim are lenient on non-dedicated Torah sections or in secular Hebrew or English newspapers when Gentiles carry out the garbage disposal and the newspapers are placed in a separate closed bag (ibid. quoting Horav Pinchas Scheinberg Zt'l and Ilcht"a Horav Shmuel Kamenetzky Shlit"a). Minchas Osher (Reeh 18) mentions a double non-transparent bag.
Horav Shlomo Miller's Shlit'a opinion is similar. You can dispose of the above unwrapped newspaper material, when placed with clean recyclables, otherwise it should be bagged.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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Posted 6/3/2014 10:42 AM |
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#551 A Platitude Blessing on a Platypus?
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Q. Does one make the brocho of "meshane habrios" with the full name of Hashem when seeing first time a platypus?
A. Shulchan Aruch (O.H. 225: 8) rules that one recites the brocho of "meshane habrios" when seeing an unusual creature, such as a monkey or elephant for the first time. The Talmud (Brochos 58b) mentions also the "kifof" which according to Rashi (ibid.) is a humanlike bird. Meiri (ibid.) and Birchas Habbais (29: 12) maintain that the brocho is only recited on these animals since they have a human appearance and the elephant possesses extraordinary memory and intelligence. However Poiskim write that truly unusual or abnormal creatures qualify too (Mekor Chaim, see also Piskey Teshuvos (225: 21, Halacha Berura 225; Yalkut Yosef 3 p. 608)
The unusual appearance of the egg-laying, duck-billed, beaver-tailed, otter-footed semi-aquatic mammal known as platypus, definitely would have it qualify as a prime candidate for this brocho, with the full name of Hashem. Indeed that is the opinion of Horav Avrohom Tzvi Beck Shlit"a of Addas Yisroel, Melbourne and Horav Shlomo Miller Shlit"a agrees. (Platypuses are not normally found in zoos outside of Australia)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:14 PM |
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#550 Gam Zoo Letovo?
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Q. Is there an "inyan" or worthwhile purpose in visiting a zoo and watching the animals?
A. Leket Yosher (Tamid p.66) writes that his Rebbi the Trumas Hadeshen went to watch a pair of lions that were brought to his city on Shabbos, since he had never seen a lion before. Likewise, the Chida relates his experiences with unusual animals when visiting the London Zoo (Midbar K'demos 2: 21). Similar stories are told about the Divrey Chaim who visited the Vienna Zoo in order to recite the brocho of "meshane habrios" (Tehilas Chaim 2: p.183), Nimukey Orach Chaim from the Munkatcher Rebbe Zt'l (225) and Orchos Rabbenu (1: 94) on a visit of the Staipler Gaon Zt"l to the zoo with his children.
However, other authorities warn of excessively gazing at non-kosher animals as it brings on an impure spirit (Yeshuos Chochmo 33: 11, Pninim M'bei Medrosho p.102)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:12 PM |
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#549 Flowers in the Night
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Q. Can you make the birchas hailonos at night seeing the flowers by artificial light?
A. Tzitz Eliezer (12: 20) rules that you can recite the brocho if the flower-fruit buds can be clearly seen an appreciated even at the light of the moon. Horav Shlomo Miller Shlit'a ruled similarly (See also Piskey Teshuvos 226: 3)
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:10 PM |
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#548 A Passing Violation?
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Q. If one heard Kiddush, Hamotzi, or Havdalah; and the cup of Kiddush wine, piece of Challah, or Besomim, respectively, are passed around; is it a violation of "Ein maavirin al hamitzvoth" to pass the item on to the next person and therefore, one should partake himself first?
A. Horav Shlomo Miller's Shlit'a opinion is that there is no "ein maavirin" on the actions you mention, as they are not a "cheftzoh" or the essence of a mitzvah but rather at best they constitute complying with a necessary act or mainly a birchas hanehenin (a brocho for the pleasure enjoyed.) Indeed, when eating matza on the seder night it would apply.
Besides, honoring someone else as giving him the respect of receiving first may also be a mitzvah.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:09 PM |
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#547 The Gravity of Gravity
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On Question #514. (How do you hold the lulav in space where there is no gravity or only artificial gravity on a space station?).
Q. Although it is gratifying to live in the same generation as a Rav who is as aware of the Shvili D'Rokia as he is of the paths of Torah, and I therefore see the importance of, L'Maan HoEmes, pointing out the scientific error of the questioner, I fail to see the relevancy of gravity to Derech G'diloson.
A. Gravity is after all the natural force that keeps all things on the ground and has to be surmounted for the plants to grow in an upward direction; therefore it defines the way of growth and what we regard as up or down.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:07 PM |
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#546 How to Wear a Flag
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On #544 (Do you put tzitzis on a flag you wrap yourself with it?)
Q. Doesn't a piece of clothing only require tzitzis when two corners are in the front and two corners in the back, whereas when one wraps oneself in a flag, all the corners are in the front?
A. Mishna Berura and Biur Halocho ((10: 12) mention that the requirement to have two tzitzis in front and two on the back and be surrounded by mitzvos (O.H. 8: 4) is only on the onset and it is not essential. As long as the garment could be worn in the preferred way you comply with the mitzvah and you have to place tzitzis. A flag, as you can ascertain from pictures taken, can be worn as a cape too.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:06 PM |
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#545 Interesting Query on Government Interest
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Q. I live in Israel (the relevance to the question of which will soon become apparent).
Two years ago, like every year, we paid our Israeli income tax. Unfortunately, not all our charity receipts were received from the institutions in time, and therefore, we had to fill out a special late tax return to qualify for a tax refund for those donations. Since the refund concerned taxes we paid two years prior, they sent us a refund, plus interest, on the tax money they received from us that, because of the donations, we did not have to pay.
1. Since this is a Jewish government, upon receipt of the interest, did we transgress a Mosaic or Rabbinical injunction? If yes, what rectification is necessary to atone for this transgression?
2. If no, and we may keep the "interest", do monetary tithes need to be paid on this sum, like any other monetary gain?
A. On question 390 and 488 in this forum we wrote: "Maharshag (Y.D. 50) and Igrois Moishe (Y.D. 2:63) permit lending with interest when dealing with a Jewish owned corporation, since the owners do not carry personal liability and any liens are limited to the corporate assets. Lending to the government of Israel would be similar.
Many Poiskim disagree with the above ruling and consider in reality a corporation not more than a partnership that is obligated to lend without ribbis. (See; Minchas Shlomo 1:25, Minchas Yitzchok 3:1, Ohr Mitzion Y.D. 5, et. al.) However Har Zvi (Y.D. 126) suggests that a Jewish government, since it has no identifiable or defined owners, is indeed different and is similar to Hekdesh."
Many other Poskim provide similar permissions (Horav I.A. Liebes in Bais Avi 117, Bris Yehudo 7: 68, V'chai Achicha Imcha p. 35, Sefer Hashabit 4: 49 et. al.). Horav Shlomo Miller Shlit"a pointed to a similar ruling of the Chavas Daas (Y.D. 168-169: 17: Biurim 33) on regards to the borrowing done by the leaders of a congregation, where there is no borrower or lender.
Horav Shlomo Miller's Shlit'a opinion is that indeed in your particular question, the fact that it is not a case of "ribbis ketzutzo" or a preset interest and it also deals with government payments, that would provide a plausible heter. In practice, that seems to be the common custom today.
He also advised to treat this as any other income in regards to giving maasser.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/23/2014 3:05 PM |
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#544 A Kosher Flag?
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Q. During the Independence Day I saw a religious teenager wearing a kipa, wrap himself with an Israeli flag. Was this permitted, or did he have to put tzitzit on the flag?
A. Biur Halocho (10: 11) quoting Bais Yosef mentions that in regards to the mitzvah of tzitzis the Torah expresses "on the four corners of your garment which you cover yourself" (Devarim 22,12), therefore you are to place tzitzis only on garments that are made for protection from the cold or heat as normal clothing does.
Consequently Poskim exempt from tzitzis covers used when one is at the barber (Piskey Teshuvos ibid. and note 82), Purim disguises and costumes, (ibid., Shevet Hakehosi 4: 4) large towels used at the mikva, even when you are allowed to wear them on a street on Shabbos.(Emek Hateshuvo p. 182.)
Horav Shlomo Miller's Shlit'a opinion is that indeed you do not have to place tzitzis on a flag that you wear as a symbol.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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Posted 5/9/2014 2:40 PM |
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#543 Was it Funny?
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Q. On the first night of sefirah before counting, a joker asked the fellow next to him what day of the sefirah is it tonight? He answered, also as a joke: I'm not sure but I think it is the first day of the omer, could he still count latter on that night with a bracha?
A. Horav Shlomo Miller Shlit"a pointed out that Poiskim make clear that Sefiras Haomer is an act of counting. As such, by definition, counting has to have a degree of certainty; consequently mentioning, "he is not sure" contravenes the essence of what counting is. See Teshuvas Harashbo (235) and Baal Hamo'or (end of Pesachim). Dvar Avrohom (1: 32) explains with this principle, why there is no "Sfeiko Deyomo" in regards to Sefiras Haomer.
There may be an additional consideration that it is obvious from the answer given, that his intention was not to count as a mitzvah but to answer jokingly. This could be analogous to counting expressly with the intention not to comply with the mitzvah mentioned in Mishna Berura (489: 17).
Horav Shlomo Miller Shlit"a opinion is that he can still count with a brocho.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a.
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Posted 5/9/2014 2:37 PM |
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Important Numbers
